The Consequences Of Leaving The Job Without Proof Are Still Very Serious.

Recently, Lao Zhang, who left his former employer for a "separation certificate", has been furious with his former unit. What makes him more annoyed is that the new unit has given him an ultimatum because he has not yet been able to get the certificate of leave.

In fact, if the laborer can prove that the new unit can not employ the worker because the labor relationship with the original unit has not yet been released, then the same evidence can also prove that after the termination of the labor relationship between the worker and the original unit, the original unit refused to issue the proof of separation, resulting in the loss of wages for the workers who could not enter the new unit.

The labor contract law stipulates that the termination or termination of a labor contract shall be a proof of the termination or termination of the labor contract by the employer.

The proof of employment should include the term of the labor contract, the date of the termination or termination of the labor contract, the post, and the working life of the unit.

In order to avoid the risk of employment, many employers require workers to provide the "proof of termination or termination of labor contracts" issued by the original employer when the laborers enter the posts, so that workers can get the opportunity to sign contracts with the new units.

One needs and one does not want to open, resulting in a lot of labor disputes in practice.

Today, I would like to talk about the fact that employers refuse to leave proof of resignation.

The fiftieth provision of the labor contract law stipulates that the employer should issue a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days.

The fiftieth provision of the social insurance law stipulates that the employing unit shall promptly provide a certificate of termination or dissolution of labor relations for the unemployed, and notify the social insurance agency within fifteen days from the date of termination or dissolution of the labor relationship.

The eighty-ninth provision of the labor contract law stipulates that the employer fails to give written proof to the laborer to terminate or terminate the labor contract in violation of the provisions of this law, which shall be ordered by the labor administrative department to correct it, and the worker shall be liable for damages if he causes damage to the worker.

Why should we issue proof of separation, mainly based on the convenience of workers for unemployment registration?

"

"Stipulates that the unemployed should hold the certificate of termination or dissolution of labor relationship issued by the unit, and promptly go to the designated public employment service institution for unemployment registration.

The unemployed shall go to the social insurance agency to handle the unemployment insurance payment on the basis of the unemployment registration certificate and personal identity certificate.

The time limit for unemployment insurance payment is calculated from the date of processing unemployment registration.

The termination or dissolution of labor relations certificate issued by the employer is a necessary condition for the laborers to register their unemployment.

Without proof of resignation, laborers may not be able to enjoy unemployment benefits.

In practice, many employers do not issue proof of resignation because workers do not cooperate with the process of leaving handover.

Can the employer make a defense on this basis?

"Article fiftieth provides that the employer should issue a proof of termination or termination of the labor contract when he terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days.

Workers should handle the handover in accordance with the agreement between the two parties.

The employer shall pay the economic compensation to the laborer in accordance with the relevant provisions of this law, and shall pay for it when the work is completed.

From the above legal provisions, the certificate of resignation is issued by the employer.

Whether the worker is pferred or not is not a precondition for the employer to issue the proof of separation. Therefore, the employer refuses to leave the proof of the employment without the worker's handover. However, he can refuse to pay the economic compensation before the worker's handover.

If the employer fails to issue a written proof of the termination or termination of the labor contract to the laborers according to the law, it may cause workers to enjoy unemployment insurance benefits, enjoy preferential policies such as self employment and re employment, and so on, thus hindering the legitimate rights and interests of the laborers.

Therefore, the law stipulates that the employing units should be liable for damages caused by the workers.

If the employer fails to give a valid reason and refuses to issue a proof of resignation and causes losses to the worker, the worker has the right to claim compensation.

There are three ways to claim the claim: the employer agrees to compensate the employer for the loss; the laborer has the right to complain to the labor supervision department for compensation, and the worker has the right to claim compensation from the local labor dispute committee for compensation.

Although the law stipulates that the employer is liable for compensation, it is the responsibility of the parties to provide evidence in accordance with the provisions of the labor dispute mediation and arbitration law.

That is to say, the worker should give evidence to prove the amount of loss and loss, and prove that there is a causal relationship between the loss and the employer's no proof of leaving, otherwise it will be difficult to obtain support.

HR may be lucky to think that it is very difficult for the employee to give evidence. In fact, the following evidence can prove that the employee has been injured by the employer's refusal to leave the certificate of Resignation: the resignation letter of the worker proves the fact that the employee and the employer have already resigned in writing; the courier receipt has proved the fact that the worker has resigned in writing and the fact that he has received the resignation letter with the original unit; the "leaving handover sheet" proves that the worker has made the departure handover before leaving the original unit; the labor contract between the laborer and the new unit has proved the monthly salary standard of the laborer in the new company.

If the worker did not offer to resign, then where will the subsequent work be handed over.

At the same time, the fact that the wage loss is caused by the original unit's refusal to issue a certificate of separation is also a fact finding.

In order to prove this fact, the laborers have provided labor contracts with the new units, to prove that the new units have employed the laborers and have paid monthly wages.